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Neither Criminal Nor Unethical (Great Rebuttal to Plame Outting Being Illegal--It Wasn't)
The Wall Street Journal ^ | 11/04/05 | David Rivkin and Lee Casey

Posted on 11/04/2005 10:28:25 AM PST by MikeA

Ms. Plame's identification as a CIA employee was not a crime because she was not a covert agent -- a readily ascertainable fact that should have concluded Special Counsel Fitzgerald's investigation almost as soon as it got underway.

The law at issue here is the 1982 Intelligence Identities Protection Act (IIPA), which makes it a federal crime, in certain circumstances, to reveal the identity of a covert agent.

The law was not designed to shield the CIA or its employees from all public scrutiny or criticism, since it criminalizes only those disclosures which "clearly represent a conscious and pernicious effort to identify and expose agents with the intent to impair or impede the foreign intelligence activities of the United States."

Congress did not, as a result, forbid the identification of anyone serving in a "classified" status. Genuinely covert agents alone were to be protected -- "only those identities which it has determined to be absolutely necessary to protect for reasons of imminent danger to life or significant interference with vital intelligence activities." Thus, under the act, criminal sanctions can be imposed only if the identity revealed is (1) of someone whose status is classified and who is serving, or has served within five years, outside the U.S.; and (2) where the alleged leaker knows that the U.S. is "taking affirmative measures to conceal such covert agent's intelligence relationship to the United States."

Ms. Plame simply did not meet the IIPA's demanding test. She was not undercover overseas, and had not evidently been posted abroad since at least 1997. She was living under her own name and working a desk job at headquarters. To the extent that her job status was "not common knowledge outside the intelligence community" as asserted by Mr. Fitzgerald, this is irrelevant.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: cialeak; fitzgerald; joewilson; libbyindictment; plame; plamegate
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To: MikeA
I would think that a Case like this has a good chance of being Dismissed, unless some crazy liberal judge is scheduled to hear it.

Yeah, we'll get another Move On dot Orgy Judge.

61 posted on 11/06/2005 11:52:27 PM PST by agincourt1415 (Democrats still lose)
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To: MikeA

bttt


62 posted on 11/06/2005 11:54:28 PM PST by nopardons
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To: investigateworld

Wasn't this a violation of our Constitutional guarantee of a republican form of government? Unless FDR's executive order could possibly be directly related to his Constitutional duty as Commander in Chief.


63 posted on 11/07/2005 12:24:12 AM PST by PeoplesRepublicOfWashington (Dream Ticket: Cheney/Rice '08)
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To: CaLiDog; Darksheare; darkwing104; KoRn
FranknFood's made a blog with Post 49, Say's DS's a big pansy afraid of a fight. franknfood.blogspot.com

Too funny! Not only did the dumb@ss make a blog with his stupid post, but created a brand new secret identity that no one will ever be able to penetrate.

That's one wickedly clever character! How can conservatives ever hope to win against such deep thought.

Boy we were sure lucky that CaLiDog joined FR yesterday, found the FrankNfool thread, and stumbled upon FrankNfools lame blog and told us about it! We would never have known this important information otherwise!
64 posted on 11/07/2005 5:07:00 AM PST by NonLinear (He's dead, Jim)
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To: CaLiDog

Hello.
So, can Frankenfurter come back and play?
Or is a big mouthed coward?

In artillery I liked to play full court jungleball with my opponents.


65 posted on 11/07/2005 9:44:38 AM PST by Darksheare (I'm not suspicious & I hope it's nutritious but I think this sandwich is made of mime.)
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Comment #66 Removed by Moderator

To: CaLiDog

Yup.
You just confuirmed my suspicions of you.
Thanks for coming back.

As for my bio page comment, that was for teh troll who ate all my pic bandwidth up.
Kinda says that in there if you'd bothered reading.
And no, I didn't report abuse on frankenfood.

But I did ask the mods if you were frankenfood come back to play with us.

You missed something though.
ALLlllll the way down at the bottom of my bio page, it says this:

"Besides, anyone who has any business being here, and who knows me, knows whether or not this is serious or a joke anyway."


67 posted on 11/07/2005 11:38:34 AM PST by Darksheare (I'm not suspicious & I hope it's nutritious but I think this sandwich is made of mime.)
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To: Darksheare

It's not one of the brighter trolls, I see.


68 posted on 11/07/2005 11:43:50 AM PST by NonLinear (He's dead, Jim)
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To: NonLinear

No, it wasn't.
It thinks Army Artillery was "Navy" for some reason.
*sigh*

And it misspelled 'hypocrite' as well.


69 posted on 11/07/2005 11:45:06 AM PST by Darksheare (I'm not suspicious & I hope it's nutritious but I think this sandwich is made of mime.)
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To: Darksheare

"He kept using the DU buzzwords of 'chicken hawks'.
Some of us asked him what his military service was after mentioning ours.."

Better yet, I like to call the terrorist appeasers "chickdoves." Since they think expelling the US from Iraq will guarantee peace and love for all mankind, why aren't they over there fighting with Al Qaeda in Iraq to expel us and to bring the peace they are sure a US retreat from Iraq will bring?

Or even more fun, I go to the really absurd and ask them why they don't become a "Martyr for Peace." Under this scenario, all those who agree to become "Martyrs for Peace" would volunteer themselves and their families to be the next targets of terrorism on US soil. If the terrorists agree to target the "Martyrs for Peace" (MfPs) and target them only leaving the rest of us in peace, then we will band together as Republicans to talk President Bush out of continuing the war on terror and into making an immediate withdrawl from Iraq. To sweeten the deal, I even offer to throw in free t-shirts with targets on the chests for the "Martyrs for Peace" to wear for ease in identifying the MfPs by the terrorists.


70 posted on 11/07/2005 11:55:37 AM PST by MikeA
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To: MikeA

Best part: it came back early this morning to try and play with us.


71 posted on 11/07/2005 11:57:01 AM PST by Darksheare (I'm not suspicious & I hope it's nutritious but I think this sandwich is made of mime.)
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To: Darksheare

What's this loser's FR I.D.? I didn't really see any of it since I wasn't online at all this weekend.


72 posted on 11/07/2005 12:01:38 PM PST by MikeA
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To: MikeA

It 'was' CaLiDog circa November 6 2005.


73 posted on 11/07/2005 12:06:31 PM PST by Darksheare (I'm not suspicious & I hope it's nutritious but I think this sandwich is made of mime.)
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To: MikeA

FReepmail.


74 posted on 11/07/2005 12:07:20 PM PST by Darksheare (I'm not suspicious & I hope it's nutritious but I think this sandwich is made of mime.)
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